State v. Rinehart

819 P.2d 1122, 8 Haw. App. 638, 1991 Haw. App. LEXIS 24
CourtHawaii Intermediate Court of Appeals
DecidedSeptember 6, 1991
DocketNO. 14620; FC-CR. NO. 88-0357(1)
StatusPublished
Cited by3 cases

This text of 819 P.2d 1122 (State v. Rinehart) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Rinehart, 819 P.2d 1122, 8 Haw. App. 638, 1991 Haw. App. LEXIS 24 (hawapp 1991).

Opinion

[639]*639OPINION OF THE COURT BY

HEEN, J.

We affirm Defendant-Appellant Stephen Ray Rinehart’s (Defendant) jury trial conviction on two - counts of Sexual Assault in the First Degree, Hawaii Revised Statutes (HRS) § 707-730(1)(b) (Supp. 1990),1 and one count of Sexual Assault [640]*640in the Third Degree. HRS § 707 — 732(1)(b) (Supp. 1990).2

I.

Defendant was charged with sexually assaulting his daughter (the child) when they lived on the island of Maui between January 1987 and March 1988. At that time the child was less than four years old. Defendant had brought the child to Hawaii in July 1986 from California without the knowledge of consent of the child’s mother (Mother), his then wife, whom he left at the same time.3 At that time, the child was approximately two years old. In Hawaii, Defendant and the child first lived on the island of Hawaii but later moved to Maui.

The police finally located the child in Defendant’s van in the Maalaea area of Maui on March 2, 1988, and Defendant was arrested.4 On March 5, 1988, Mother recovered the child from the [641]*641Maui authorities and took her to Sequim, Washington, where Mother lived.

On March 8,1988, Dr. Madeline Harrington (Dr. Hanington), a pediatrician, examined the child and reported that the child’s physical condition was “within nonnal limits.” Dr. Harrington reported no vaginal bruises or tears and that the child’s hymen was intact. In a subsequent examination the child tested negative for exposure to gonorrhea, chlamydia, and the HIV virus.

During the first three to four weeks after the child was returned to Mother, Mother noticed numerous instances of unusual behavior by the child. One day the child told Mother something 5 that caused Mother to take the child to the Child Protective Services in Port Angeles, Washington, for consultation. A few days later, Maureen Wollard (Wollard), a supervisor for the Department of Social Services and Housing in Port Angeles, went to the child’s home and interviewed Mother and the child. Wollard’s interview with the child lasted approximately 30 to 45 minutes. Defendant was indicted on December 16, 1988.6

On July 17, 1989, the child was examined again by one Dr. Mary Gibbons (Dr. Gibbons). Using a colposcope,7 Dr. Gibbons examined the child’s genitals and anus. At trial, Dr. Gibbons testified that the examination “was supportive or consistent with sexual assault or vaginal trauma.” Dr. Gibbons testified that the child’s hymen indicated a healing process had taken place after some [642]*642trauma. However, Dr. Gibbons did not specify what kind of trauma had occurred. Some of the tissue in the child's vaginal area showed abnormal redness, some of the blood vessels looked abnormal, and there was some vaginal discharge. Dr. Gibbons testified that the vaginal discharge was unusual. Defendant does not challenge Dr. Gibbons’ testimony.

Mother testified that the first time she bathed the child after the child was returned to her, she noticed “a large red rash down around her private parts, up front.” When she returned to Washington, she took the child to be examined by Dr. Harrington. Over the ensuing 3 or 4 weeks, Mother noticed that the child was “very flirtatious” with adult male relatives. Also, the child wanted to take as many as five tub baths a day. Mother testified that during those baths the child would position herself with her legs up and spread “so her front area was underneath the spigot where the water would come down. She would lift herself up and she tried to hold on to the tub and spread herself and lift herself up. This was while the water was running.” The child would have “terrible nightmares,” tossing and turning, moaning, crying, itching, rubbing, and crying out. A few times after she and the child had gone to bed together, Mother awoke to find the child trying to get into bed with Mother’s husband. Mother also observed the child masturbating on numerous occasions, often more than three times a day.

The child, then approximately 6 1/2 years old, testified at the trial. She testified that Defendant penetrated her with his penis and finger, had her perform fellatio on him, and had her rub lotion on his penis. She also testified that Defendant ejaculated when he penetrated her with his penis and tried to gel her to cat the seminal fluid.8

[643]*643II.

Defendant argues first that the lower court erred in finding Wollard qualified to testify for the State as “an expert in the field of child sexual assault therapy.” Our review of the record indicates that Wollard’s training and experience are sufficient to support the court’s exercise of its discretion in finding Wollard qualified as an expert.9 State v. Torres, 60 Haw. 271, 589 P.2d 83 (1978).

Citing State v. Kim, 64 Haw. 598, 645 P.2d 1330 (1982), Defendant also contends that Wollard’s testimony was inadmissible because her opinion was not “the product of an explicable and reliable system of analysis[.]” Id. at 604, 645 P.2d at 1336. We disagree.

On voir dire, Wollard testified as follows:

Q. In addition to that, would you describe for the Court what types of training you received in these 500 or so hours?
A. Um, how to investigate complaints of child abuse or neglect, interviewing techniques, behaviors to look for in children who have been abused or neglected, family dynamics, healthy families and disfunclional [sic] families, where child abuse, neglect might be [644]*644occurring, risk assessments of children and their family, child protective services special training, that was six weeks of training that the State put on. I attended that. I attended approximately six weeks of child welfare training, which is different training from child protective services, legal intervention. I have to work with the legal system, how to intervene legally on behalf of children. That’s some of the training that I have attended.
Q. The training and experience that you have just testified to, are those in line with what is in your opinion acceptable in the scientific community or the community of [sic] field of sexual abuse?
A. Yes.
Q. And in those cases in which you were declared an expert, what sort of opinions were you declared an expert on?
A. I was asked whether in my investigation and throughout my investigation, as I believe, the child had been sexually assaulted.
Q. Was that based on characteristics or behaviors of the child?
A. Both, plus interviewing the child. What the child — how the child describes certain things to me, how the child behaves, the characteristics, also other people — I
Q.

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Bluebook (online)
819 P.2d 1122, 8 Haw. App. 638, 1991 Haw. App. LEXIS 24, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rinehart-hawapp-1991.